Keywords
Summary

Keywords

PRELIMINARY RULINGS - JUDGMENT OF THE COURT - CONCLUSIVE AUTHORITY - CHALLENGED - REFERENCE TO THE COURT FOR REVIEW OF ITS VALIDITY - LACK OF JURISDICTION OF THE COURT

( EEC TREATY , ART . 177 ; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , ARTS 38 TO 41 )

Summary

A JUDGMENT IN WHICH THE COURT GIVES A PRELIMINARY RULING ON THE INTERPRETATION OR VALIDITY OF AN ACT OF A COMMUNITY INSTITUTION CONCLUSIVELY DETERMINES A QUESTION OR QUESTIONS OF COMMUNITY LAW AND IS BINDING ON THE NATIONAL COURT FOR THE PURPOSES OF THE DECISION TO BE GIVEN BY IT IN THE MAIN PROCEEDINGS .

ARTICLES 38 TO 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , RELATING TO THE EXCEPTIONAL REVIEW PROCEDURES AVAILABLE FOR CHALLENGING THE COURT ' S JUDGMENTS , DO NOT APPLY TO JUDGMENTS GIVEN BY WAY OF A PRELIMINARY RULING .

NONE THE LESS , THE AUTHORITY OF A PRELIMINARY RULING DOES NOT PRECLUDE THE NATIONAL COURT TO WHICH IT IS ADDRESSED FROM PROPERLY TAKING THE VIEW THAT IT IS NECESSARY TO MAKE A FURTHER REFERENCE TO THE COURT OF JUSTICE BEFORE GIVING JUDGMENT IN THE MAIN PROCEEDINGS . HOWEVER , IT IS NOT PERMISSIBLE TO USE THE RIGHT TO REFER FURTHER QUESTIONS TO THE COURT AS A MEANS OF CONTESTING THE VALIDITY OF THE JUDGMENT DELIVERED PREVIOUSLY , AS THIS WOULD CALL IN QUESTION THE ALLOCATION OF JURISDICTION AS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY .

IT FOLLOWS THAT A PRELIMINARY RULING OF THE COURT DOES NOT RANK AMONG THE ACTS OF COMMUNITY INSTITUTIONS WHOSE VALIDITY THE COURT HAS JURISDICTION TO REVIEW IN PROCEEDINGS UNDER ARTICLE 177 .